In the latest twist of an ongoing saga now in its 11th year, the Supreme Court of the United States (SCOTUS) has denied an Association of American Railroads (AAR) petition for a writ of certiorari* (a request that SCOTUS order a lower court to send up a case record for review) regarding whether Congress may vest a for-profit government corporation—in this case, Amtrak—with regulatory authority over its private-sector “competitors”—Amtrak’s host freight railroads. AAR has been battling with USDOT and Amtrak in court since 2011.
PRIIA Section 207
If you’re passionate about on-time performance of Amtrak passenger trains traversing freight railroad tracks, you’d best pray for the health of RBG—the increasingly frail 85-year-old Supreme Court Justice Ruth Bader Ginsburg.
In a major victory for freight railroads, a Surface Transportation Board (STB) attempt to revive what previously was ruled an unconstitutional regulatory scheme has been blocked by the federal Eighth Circuit Court of Appeals.